Builders' legal protection insurance

  • Erstellt am 2015-06-08 15:21:23

Bauexperte

2015-06-30 12:44:28
  • #1

I don't either, so I would really like to see a contract form and especially take a look "into the fine print." It's no coincidence that insurers have removed contract law (which is precisely what this insurance is supposed to cover) from their list of services in recent years.

Best regards from the Rhineland
 

Musketier

2015-06-30 13:27:16
  • #2
So with us, the expert clarified defects directly with the construction company. We were not present for most of the interim inspections; the expert conducted them directly with the site manager. The expert can respond to the arguments of the construction companies quite differently than you can as a layperson.
 

sirhc

2015-06-30 13:42:17
  • #3
Of course, I just didn't know whether the expert communicates directly with the construction company or if that always goes through the client.

If a defect then does appear that the expert did not find, is he then liable or the construction company or both?
 

Bauexperte

2015-06-30 13:54:15
  • #4

That’s up to you how you communicate it; after all, you are the client in both cases.


What a question ....

Of course the contractor; only if a serious defect remains undetected below the expert’s commissioning, in my opinion he can be brought in ... if his commission includes this point (contract) and he should have recognized the defect.

Rhenish regards
 

sirhc

2015-06-30 14:51:25
  • #5
Exactly why the question.

There is a defect, clear, the builder must fix it.
To find the defect as a layman, I need an expert.
And he should have found it, but he didn’t, and later it comes to light, consequential damage, higher effort for damage repair, etc.

In plain English, both messed up, and I could imagine that then it’s not entirely clear who is responsible for what, so that the two might play ping-pong and as the client you have, besides the defect, two parties blaming each other.

Regards
 

Bauexperte

2015-06-30 15:28:47
  • #6

As is well known, I am not a lawyer; maybe Volker will still speak up if the Pax hasn’t driven him crazy yet

Logically, I would still conclude that the person commissioned with the construction of the building is also the first point of contact for defect remediation, even if an expert was involved. I also do not know of any case in which an expert—except in cases of grossly negligent execution of their assignment—was involved in the costs of defect remediation.

Furthermore—it is sufficient to have 5 inspections at which the expert should be on site. I will assume that even the last “chaotic” expert is able to detect real defects in these phases, which generally cannot be checked after handover.


You watch too much private TV

Rhenish greetings
 

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